Search results for interviewing attorneys

LEGAL REPRESENTATION ⚖️ WHAT ARE THE 14 QUESTIONS TO ASK BEFORE HIRING YOUR TEAM?

By

LEGAL REPRESENTATION SHOULD BE YOUR FIRST DECISION, 

My Comment: If you know you’re guilty or will have to Plea, don’t waste your money on your attorney’s “Discovery” fees. If you’re willing to provide in your NARRATIVE your story where you accept responsibility, while expressing remorse for the victims you’ve harmed, providing this 1-2 weeks before your Presentence Interview is the smartest thing you can do. The Probation Officer who is preparing your Probation Report will appreciate your efforts as they have a full caseload, and no time, and the fact that you are taking this seriously. Being able to read your NARRATIVE before your Interview allows them to better understand who you are, and then during the interview, they can get to know you, asking any remaining questions they may have. As they draft your official Presentence Report they may recommend a more lenient sentence to your Judge.

They are the first STAKEHOLDER you will meet who have the power to influence the trajectory of your immediate future. Why? Judges respect their sentencing recommendations which may include: Probation, Probation and Prison (50:50, at best), Halfway House and/or Home Confinement, Restitution (No Interest Box Checked), and your Placement Request. If RDAP is an option as identified in your Presentence Report, verify that it has been included in the Judges Order as I have seen too many cases where it has been left out.

Interviewing Attorneys. It is best to have someone you trust with you as you meet and interview new attorneys if for no other reason than this is a very stressful time, and having another set of eyes can be very helpful.

Asking Questions Is Part of the Process of,

CHOOSING THE RIGHT ATTORNEY, and one who,

1) Practices federal criminal defense in a federal court and

2) Has experience in cases like yours. It sounds like common sense, right?

  • … at this moment, you may not be making the best decisions for yourself, so consider bringing along someone you trust to get their feedback as you meet and interview different attorneys.

3) A case in point is a client I had who, unfortunately, didn’t ask any questions, only to learn his

  • attorney years later, didn’t specialize in Federal Criminal defense, and had a
  • disciplinary problem with his state bar.

INTERVIEWING ATTORNEYS is your opportunity to find someone with a proven track record of,

4) Handling cases like yours is important. They should be willing to provide

5) Several current or past clients for you to speak with to ease some of your concerns and provide several

6) Sentencing memorandums (it should be about You – not just quoting legal stuff that the Judge already knows, like Booker) for cases like yours for you to read.

  • If they mention HIPPA, agree, but Adobe allows for redacting all personal information and works better than a black marker – If you notice that the memorandums appear similar, keep interviewing other lawyers.
  • Feeling comfortable with your chosen attorney is just one more step in the right direction as you develop a successful defense team.
  • During the interview, try and

7) Ask why they wanted to practice law and what was their best federal case sentence result, as these are both good conversation ‘ice breaker’ questions and

8) Ask them when they recommend to start preparing for the Presentence Interview and Sentencing Hearing. [THE RIGHT ANSWER IS, TODAY]

CONTINUING,

9) Ask whether they charge hourly or flat fees and if they have a payment schedule option.

  • If you want to go to trial (just feeling your right is insufficient), I give you FTX Sam Bankman-Fried and Elizabeth Holmes. Remember that the DOJ has a 90+% conviction rate.
  • Therefore, additional strategic questions would be:

10) How many trials and appeals (or what “%”) have they won, out of how many cases, over the past 3-7 years?

11) Don’t anger the court – before they ever meet you. That’s playing Russian Roulette with your life.

12) What is their current caseload, or how busy are they – too busy?

  • Consider that a single attorney with a small staff could support 2 or 3 criminal trials per year, working full time.
  • A Federal Defender may be as good if not better than private counsel.

13) While not yet law, is your attorney familiar with the Fairness in Restitution (FIR) Act? If you anticipate owing Restitution, consider requesting that the Government:

  • a) Show actual loss sustained by a victim as a direct and proximate result of the defendant’s actions,
  • b) Eliminate joint liability and ensure that defendants are only responsible for financial losses they caused,
  • c) Provide a right to an evidentiary hearing for proving or disproving the amounts included in a restitution order,
  • d) Change the statutory period of liability from 20 years to 10 years and prevent extensions;
  • h) Exempt any reduction in restitution amount owed from being counted as income for tax purposes.
  • i) Verify that the No Interest box is checked

14) Last, if you have time, watch them in court.

 

AT SENTENCING, YOUR JUDGE WANTS TO HEAR FROM YOU – NOT COUNSEL

  1. They want to believe you’ve Accepted Responsibility for your actions.
  2. They want to see that you have Remorse for the Pain you have inflicted on your Victims.
  3. They understand crimes do not happen in a vacuum – therefore what happened in your life that caused you to break the law?
  4. What is your plan (Your Release Plan) to not return to their courtroom?
  5. Were there other ramifications, such as losing your professional license to practice in a career you love?
  6. Provided in written form is good, and accompanied by a short video is another great option that could be cheaply done on a smartphone.
  7. Have you always provided community service or volunteered in your community – if so, talk about it and ask for Character letters for verification.

BEST PREPARATION – These next choices are yours.

Other Resources

 

Trials and Appeals. For cases like yours, with your judge, it is essential to learn how many in the last few years, or what percentage, have they successfully won in court. Remember that 98%. Also, do they have first or second-hand experience to prepare you for day-to-day life in federal prison so that you do not get surprised on day one, or do you need someone with BOP Prison experience to work with you on your Narrative, Release plan, and Character letters?

When selecting an attorney, choosing someone who will listen attentively to your situation is also helpful. Ask them: what can I do to help in my defense? It’s even better if they understand the importance of creating your Personal Narrative and Release Plan. Why is it necessary? Your Narrative is essentially your personal story or brand, and until now, the Department of Justice (DOJ) has been writing your Story for You – mainly through your Indictment. Do you like how it made you feel and look? Unless you take control and change your story, that is all your judge and future STAKEHOLDERS will know about you. Therefore, consider these factors carefully when selecting a lawyer to ensure that you make an informed decision.

You’ll want to know if your attorney will be able to work directly with you or through paralegals and other attorneys. This is because you want to know how often you will get to speak with your attorney. Will you be receiving updates via email, phone, or both? This becomes critical in cases that extend out years until you’re sentenced and can become very expensive. Will you be free on your recognizance, or put on pre-trial detention (with a probation officer), or should you expect to be remanded and locked up following your Arraignment? If you’re locked up when you call your attorney’s office, will someone be there to accept collect calls? Will the Paralegal or an attorney be familiar with the details of your case?

 

NO WITNESS TAMPERING – DON’T ANGER YOUR JUDGE

Strategy: Trial or Plea. If you are unsure, then start Not Guilty, but if you know you’re guilty in your gut (or heart), save yourself legal fees and the court’s time. This, in turn, could result in a lesser sentence. How?

If you decide with your attorney to plead guilty and cooperate with the authorities, your sentence may be significantly reduced. However, cooperating by providing substantial assistance is based on what you have heard or seen, but you cannot lie. Before cooperating with the government, getting a Proffer letter or agreement is best. A proffer letter is a legal agreement between a defendant, their attorney, and the government. The letter guarantees (kind of) the defendant immunity, meaning that the government cannot use any statements made during the meeting against you in their case – unless you aren’t truthful.

However, they can use your statement to follow leads. It does not guarantee a reduction in your sentence upfront, but rather only if this new information is used successfully against another. Honesty is a key provision of the agreement, and if the government believes that you, the defendant, are dishonest, they can end the meeting and now use these statements against you.

The authorities may also require you to testify, which is a separate matter. Cooperating is generally recommended unless it poses a danger to you and includes parts of it in the submission. Your letter should primarily convey remorse; the judge needs to hear from you (through your NARRATIVE and Allocution) that you understand the consequences of your actions and that you won’t repeat them. Judges Do Not Want to See You Back in Their Courtroom; believe them! Unsure, ask me!

 

FEES
My Comments: Please do not let the cost of your attorney be your only guide. A Federal Defender who “Knows his/her way around the sentencing guidelines and federal cases like yours” may be more helpful than a high-priced attorney. A former prosecutor doesn’t always make a great white-collar defense attorney when practicing federal criminal defense. Ask your attorney questions and see whom you feel you’ll work best with.

Having a contract that spells out: 1) your specific financial responsibilities, 2) that you’ll receive copies of all court filings before they’re filed, 3) time to review plea agreements, 4) the ability to review discovery, and 5) you’re “cc” on most if not all documents and once a month, Docket Sheets. If there is a flat fee and the relationship is terminated, should you expect a refund within 30 days? What would be the fair percentage? It’s only after getting answers to your questions can you think that the former AUSA, now White-Collar attorney, is a good fit for you.

Do they charge hourly or a flat fee? The hourly fee may be based on a prepaid retainer, with monthly bills offset against the retainer (that doesn’t include expenses, with different charges each for the attorney, attorney partner, paralegal, and legal secretary). If it is a flat fee (non-refundable) and cheaper than the other attorneys in your area (as you have learned after interviewing a few), that may give you something to consider as too cheap may not be a great idea either.

IF YOU’RE A DOJ TARGET, 98% FACE FEDERAL PRISON. LEARN WHAT TO DO.

By

Once you hear that the FBI is asking questions or has targeted you, their case is complete, along with their 98% conviction rate. To handle this – you cannot wait; you need a white-collar attorney who practices federal criminal defense in federal court. In this video, I cover the basics.

    • Your next step is interviewing attorneys to see who you are comfortable with. Please do not be shy. Your future and life depend on it.
    • Know what questions you need to ask.

EARLY PREPARATION – PROVIDES THE BEST POSSIBLE OUTCOME

Attorneys know the law, but the nuances of navigating what happens after sentencing and through Federal Prison are not part of a traditional legal defense.

 

Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

 

This is your life and future; therefore, don’t leave all the decisions to your legal team. Participate (please follow their recommendations), and respectfully request that they “listen” to your requests and needs.

*NOTHING IS GUARANTEED*

NO ATTORNEY, EXPERT, OR CONSULTANT CAN PROMISE WHAT ANY JUDGE OR THE BOP WILL DO.

In this video, I go over what to expect and how to prepare for this new world you are entering. The preparation for your Presentence Interview cannot be overstated. Once you have provided your information to your Probation Officer, they will start their Presentence Investigation.

After completing their investigation, your official Presentence Report will be written and provided to you for review. After your review, it goes to your judge and stakeholders, who will be responsible for your immediate future.

Some STAKEHOLDERS you will meet, and others you will never encounter, but all will impact your life. I will end with my last two comments: 1st) you need to have written and included your Personal NARRATIVE and Release Plan to be included in your Presentence Report, Under Seal, and 2nd) to reinforce this theme, that’s why I have included this short video for your review.

Taking Ownership of Your Defense (and Life) Begins With Preparing For Your Presentence Interview (PSI) And Sentencing Hearing.

 

I. UNDERSTANDING THESE QUESTIONS IS A MUST.

  • WHAT WILL YOUR PRESENTENCE REPORT LOOK LIKE?
  • WHAT IS YOUR NARRATIVE, ALLOCUTION, and RELEASE PLAN?

II. GOOD TIME CREDITS (GTC): DO YOU UNDERSTAND WHAT YOU MUST DO?

III. FIRST STEP ACT: DO YOU UNDERSTAND EACH PART?

  • FINANCIAL RESPONSIBILITY PROGRAM (FRP)
  • EARNED TIME CREDITS, (ETC)
  • PATTERN
  • SPARC-13

IV. RDAP ELIGIBILITY: DOES THIS AFFECT YOU?

V. SECOND CHANCE ACT, WILL YOU BE ELIGIBLE?

VI. COMPASSIONATE RELEASE, DEPENDING ON YOUR AGE OR MEDICAL CONDITION, WILL THIS AFFECT YOU? HOW DO YOU QUALIFY?

Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

YOU CAN LOSE ALL OF YOUR GTC, ETC – HOW?

DON’T GET DISCIPLINED; NO INFRACTIONS; NO CELL PHONES, NO IPADS (UNLESS THEY’RE FROM THE COMMISSARY). YOU CAN LOSE ALL GOOD TIME CREDIT, EARNED TIME CREDIT, RDAP CREDIT, AND POSSIBLY GET A NEW CHARGE.

FEMALES IN THE BOP

Several articles I’ve published for LinkedIn

No Matter Where You are in The Investigation Process | There Are Always Things We Can Do

 

The Presentence Interview is the precursor to The Presentence Report, and both will determine your future.

You-Tube CHANNEL

PODCAST SERIES – Federal Sentencing Expertise
Sentencing mitigation starts with self-advocating through your Personal Narrative, which I review in this video.

We are not Attorneys; you need Legal Representation.

FEDERAL INDICTMENT. 98% GO TO PRISON – LEARN THE STEPS THAT MAY LESSEN YOUR SENTENCE.

By

WHITE-COLLAR INDICTED AND FACING PRISON

In this short video, if you have received a Target Letter or you hear rumors that the FBI is asking questions, do Not Wait To Get legal representation. This happened to me, and I thought at first, “This is crazy,” but it’s not, and by the time you find out, you are the last one to know, as the DOJ’s case is 98% complete. Please listen, learn, and act.

The FBI Has Targeted You – 98% Get Convicted.

Judge Robert Scola
“Criminal defense attorneys should emulate their death penalty colleagues… start preparing for sentencing ASAP”;

It is of utmost importance to commence the preparation for sentencing at an early stage as The DOJ has a 98% Conviction Rate, and the target ultimately ends up confronting prison. This proactive approach to knowledge and preparation can help alleviate any potential anxiety while allowing for a thorough assessment of the case’s strengths and weaknesses to be conducted. By doing so, the defendant can ensure they present the best case to the judge and potentially receive the best possible outcome.

Listen to the video – if this is you, please start interviewing attorneys.
You know the Feds are asking questions before anything else – then it’s important to find a White-Collar Attorney specializing in Federal Criminal Defense, taking cases like yours, and practicing in Federal Court. It’s crucial to ask questions beforehand to avoid regrets after sentencing. You don’t want to discover that your defense was “missing in action” later, as it may be too late to act. Remember, this is your life, and needing a redo can be time-consuming, expensive, and may not even be possible.

MORE QUESTIONS.

    • Is prison safe?
    • Will I have to go to jail?
    • Which is better, Trial or Plea?
    • What kind of documents do I need?
    • What or who do you ask?
    • How long will this take?
    • Questions upon questions, and who do I call?
    • What Do you need to know and be prepared to do?
    • If you’re willing to help in your defense, Let’s Talk – You Have Nothing To Lose.

We are not Attorneys; you need Legal Representation.

In this video, I review the process of interviewing attorneys and what questions to ask.
You’d like several referrals (before I had surgery, I asked for patient referrals…), and after speaking with a couple, then ask to see several Sentencing Memorandums for cases like yours. You’re looking to see if they read the same. If HIPPA comes up, agree, but with PDF documents, they can Blackout or Redact all personal information. If they look similar – move on.

Now comes the law, which Attorneys know, but the nuances of navigating prison are not part of a traditional defense, as most attorneys haven’t been to prison, which is good. Further, they don’t have the hours to get to know you, your background, and the events that have occurred to you since childhood until today that resulted in your current criminal charge. They’re likely great lawyers but don’t have the staff or time to learn “who you are, and the why,” which is relevant to your charges and to your judge – and could mitigate your sentence. It’s not that simple, but it is. Please listen, as this is also in PowerPoint.

BE TRUTHFUL WITH YOUR ATTORNEY. OTHERWISE, THEY CAN NOT BE PROPERLY PREPARED TO DEFEND YOU.

Dealing with a federal indictment can be an incredibly challenging experience. Have you taken the necessary steps to prepare for your upcoming sentencing hearing and Presentence Interview, which could significantly impact your future?

YOUR JUDGE SEES A LOT OF DEFENDANTS – HOW WILL YOU STAND OUT?

INCLUDING YOUR NARRATIVE IN YOUR PRESENTENCE REPORT WILL HELP HUMANIZE YOU TO YOUR JUDGE.

Federal Judge Mark Bennett comments on the importance of Your ALLOCUTION.

 

Are You Prepared to Speak to Your Judge?

 

Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

I. PREPARATION, IN ADDITION TO YOUR ATTORNEY’S EFFORTS – INCLUDES KNOWING

    • What Goes Into the Reentry Plan?
    • Stakeholders – who and what are they?
    • What Goes Into the Personal Narrative?
    • What Goes Into Preparing to Self-Surrender?
    • What Goes Into a Comprehensive Presentence Interview?

II. If You Know Where You Fall In The Sentencing Guidelines, you can see if your actions reflect a lower Offense Level number:

III. ARE YOU PREPARED?

No Matter Where You are in The Investigation Process | There Are Always Things We Can Do

We are not Attorneys; you need Legal Representation.

* Consider including experts as part of your legal team from the start:  Sentencing Mitigation, BOP Placement, Personal Narrative, and Reentry  Planning 

Visit My  2022 YouTube VIDEO SERIES: “YOU’VE BEEN FOUND GUILTY – Next Steps,” or Podcasts

If you’re INDICTED or are Facing INDICTMENT, what you do next should be based on a strategic set of decisions. Part of this was my story, which was the opposite of everything I recommend on my website and YouTube. Why? Because I was terrified and lacked all of the Knowledge (with no Preparation) that I am sharing with you today – really! As the video is a PowerPoint, there is a lot here, I hope it’s easy to understand.

PPRS Provides Personalized White-Collar

Presentence Interview and Narrative Preparation

BOP Placement Request Options, Presented in a Court-Ready Format (This Is Our BOP Packet For Presentation To The Court, which includes The Programs Supporting Your Placement Request, Example –FPC Alderson).

 

Engagement before the Presentence Interview is recommended.

Call 240.888.7778 for a personal one-on-one call
to discuss your current issue or that of a loved one.

-Marc Blatstein

National Medical and Mental Health Programs
Overcrowding
BOP Overall Fact Sheet
Medical Care Level Classification
Sentencing Issues

Photo Credit: https://instagram.com/dpopbes/, https://rawpixel.com/

MORE THAN WHISPERS – Target #1: The FBI’s Coming

By inDr. M Blatstein's Blog

MORE THAN WHISPERS – You’re Target #1: The FBI’s Coming

If the Rumors and whispers that the FBI is poking around are true…

I’d take that seriously.

HELLO AND WELCOME. MY NAME IS MARC BLATSTEIN, AND I AM THE PHYSICIAN WHO FOUNDED THE PHYSICIAN PRESENTENCE REPORT SERVICE

You’re Now The Target of The FBI – What Are Your Options?

If you’re hearing FBI whispers,

Start interviewing attorneys, ask questions, get references, and ask to see several Sentencing Memorandums written for previous clients with similar legal challanges

Then, be honest with your attorney and yourself regarding your case. This is not a trick question, as it’s taken me time to see how I was at fault. Your attorney doesn’t want surprises because you are the only one who suffers.

 

PSI Preparation is crucial – You Are your best and only Advocate

Ask yourself long before your presentence interview:

•        Do you have confidence in your defense?

•        Do you need additional team partners who are specialized in, Sentencing Mitigation, Allocution, Personal Narrative and Reentry Release Planning and Advocacy

 

If Not,

·       There are No Redo’s ⇒ this is Your Future ⇒ Speak up now

 

PREPARATION and SELF-ADVOCACY are CORE VALUES

PREPARATION:

Attorney Interview, Working together – must be a Joint Project

  • Decision #1: Trial or Plea

PRACTICE Role Playing: Your Allocution and Your Attorney’s Statement for the Sentencing Hearing

The Memorandum will be given by your Attorney

  • Your Presentence Interview (PSI)

Your Narrative is weaved into your conversation with your PO for placement into your Presentence Report (PSR), which is now complete.

 

SELF-ADVOCACY:

•        Relies on the skills that made you successful, some being “Self-Motivated”

•        At your Attorneys request, your Personal Narrative was included in Your PSR

•        Reentry Planning

•        Sentence Mitigation Strategies are employed before Sentencing and During Incarceration

 

YOUR PREPARATION

  • Working Together With Your Attorney At Every Stage

 

1st) Be honest with your attorney about everything – Plea or Trial – Nobody wants surprises

 

2nd) Your PSI needs to include everything about you.

In addition to all your Biographical Background information, Medical, Character References, Education, Legal, Etc.

Your attorney has connected with your PO before your Interview to get a “pulse” on how much they know, to present their case/defense strategy, and learn the date the PO must have their final PSR completed and submitted to their supervisor.

  • RDAP (if applicable): Include it now, because if it is not there, and you need it later to reduce your time, that may be a big lift.
  • Compassionate Release (medical issues, transplant, medications (physician testimony)
  • FSA Programs, your attorney will be able to review or know your PSF, and if any of the applicable programs apply;
  • Your Personal Narrative needs to be finished before your interview so;
    • That you know it, cold, and discuss it in 1st person with your P.O.
    • It should be able to be, copy-pasted directly into the P.O., Presentence Report
  • This Is  Your Story: In Written and/or Video Format

3rd) Time must be allowed for the development of your Personal Narrative.

4th) The PSR is Now Complete and should Include all the Above, including your Personal Narrative – which Judges want to see.

 5th) Time is spent practicing your Allocution for your sentencing hearing with your attorney.

1.     If the Judge is aggregable, due to your allocution, they may Depart below the guidelines

2.     If RDAP is applicable (it’s referenced in your Presentence Report) now, your attorney can ask for it to be put into the order, and if the judge agrees, then

3.     Politely, also request for 1 specific BOP prison, based on a specific BOP program (camp eligible < 10 years), also to be put into the order.

  • Additionally, if the BOP is unable to make the placement, could they inform the court why, in writing?

 

SELF-ADVOCACY  Allocution – Your Personal Narrative

Federal Judges Have Their Say

THE FEDERAL LAWYER • September/October 2019, VIEWS FROM THE BENCH, Own the Mistake and Demonstrate Sincere Remorse

Judge Richard G. Kopf of the District of Nebraska,

Judge Jon D. Levy of the District of Maine in Portland,

Judge Patti Sarris of the District of Massachusetts

Judge Cynthia A. Bashant;

Judge Morrison C. England Jr;…one of the biggest mistakes defense lawyers can make is not having their client answer the question…

Judge Lawrence C. O’Neill,

Judge James K. Bredar—says he comes out on the bench with a sentence already in mind. “Allocution, however, changes this when I see the defendant has insight into the harm he has done.”

NACDL, The Champion • March 2011, Heartstrings or Heartburn:  A Federal Judge’s Musings On Defendants’ Right and Rite of Allocution,

Judge Mark Bennett: A Good Allocution Can Be Beneficial

 

Here’s what Federal Judges Want To Hear

We’re interested in a defendant who has the capability of introspection and who has come to grips with the impact of his offense on others

 “No punishment will be enough. If I could go back and change everything, I would.”

I am persuaded that the defendant is sincere and demonstrates insight into the crime.

Allocution is very important, “I like to have a conversation with the defendant,”…

I want him to apologize to the victim and his or her family, particularly if they are in the courtroom.

“Allocution, however, changes this when I see the defendant has insight into the harm he has done,” when I see the defendant has insight into the harm he has done”

 “I am looking for remorse and insight as to why he did what he did and what he is doing to make sure that it doesn’t happen again.

“It’s very important that lawyers prepare a client for allocution, even if they have gone to trial and do the job that they are retained to do.”

Start paying restitution, even $25/mo, and don’t show up at court in a $900 luxury car.

 

You’re Now The Target of The FBI

You Have A Choice

PREPARATION FOR A SUCCESSFUL LIFE AFTER RELEASE

Marc
240.888.7778
Physician Presentence Report Service

No matter where you are in The Process, there are things we can do.

* No Physician,  Attorney, or Consultant can promise any outcomes.

Take Ownership of Your Defense – What Happens When You Don’t

By inDr. M Blatstein's Blog

Take Ownership of Your Defense – What Happens When You Don’t

I wanted to do this podcast regarding a phone call that I had earlier this morning. Someone who has a disease and is on medication., and yet his attorney had not prepared all his medical records – or any of his medical records for his PSR and sentencing hearing.

Speaking with him this morning, I was taken aback to learn that he had already been sentenced. Here I was trying to ask questions and learn how it was he was sentenced with an incomplete pre-sentence report. – That didn’t make any sense.

But, if the information I learned was accurate, his presentence report was incomplete.

The person’s main concern was that his medication did not appear available on the BOP online Formulary. Initially, I must give credit to this gentleman and his wife (who is in school to be a nurse practitioner). They recognized that the medication was not on the formulary, which is not easy to figure out – it is a complicated table.

As he was to surrender in the next 45-60 days, my recommendations were to meet with his treating physician to:

·        Get copies of “all” his records

·        Copies of his prescriptions

·        Review the BOP Formulary with his physician to see if there were any acceptable medications to substitute.

·        If Yes, he needs to get a copy of this new notification regarding a medication change, due to the BOP Formulary

  • Get a hard copy of the prescription and fill it.

·        If No, and this is a Continuity of Care and/or life-threatening issue, then appearing in court at the Sentencing Hearing is preferred, as Judges would usually like to question the Specialist. The challenge – he has already been sentenced, so I suppose he will call me back…

While I hope this Case Is rare, it points out that every defendant must take ownership of all aspects of their defense once they’re indicted.

Then, Be honest with yourself (and your attorney) regarding the case’s facts, and start interviewing attorneys.

·        Ask for referrals to speak to some happy clients, then.

·        Ask to read some of their sentencing memorandums in cases like yours.

·        The goal is to see if they’re the same or if each is individualized – In the same Criminal defense space.

·        If the attorney says this is private information, which is understandable, agree and then request that they block out all personal information.

Then you just can’t assume that the attorney is going to do everything right – which is why I am doing this podcast.

  • This must be a partnership with your attorney.

 So, what does that mean? This partnership extends into preparation for the pre-sentence interview. Which will impact your future.
The short version is that the probation officer’s responsibility is to Interview you., Investigate, and then draft the Presentence Report (PSR).

  • They then provide your PSR to the judge and their recommendations for your sentence and placement.

Part I) So, how do you take Ownership?

First. Your attorney reaches out to learn who your probation officer is, and then contact them.

Assume that the probation officer has Googled you &/or spoken to the prosecutor. Because if they have, then they may already have a bias Against you,

Why, because the Justice Department has already released all the information about you that makes you look horrible.

1st           So this first step by your attorney reaching out to the PO, Sets the Tone 

  • For Your Defense, it allows them to hear from
  • you first before they’ve been 
  • tainted by others’ perceptions of who you are. 

This allows them to make their case regarding their defense strategy, on the record – to the PO. This is followed by a very organized, detailed letter that details this strategy.

They will also Ask the probation officer:

  • what documents they will need at the time of the interview.
  • What date is best for them to do the pre-sentence interview?
  • And what is their final dictation Deadline date to have their official pre-sentence report due to their supervisor?

2nd          Review with your legal team that all the information you have collected, to ensure all your background information is available and accurate

3rd         The PO has scored your Public Safety Factors (PSF), Management Variables, Criminal History Score, Offense Level (current charges), 

  • Be prepared, so should you and your attorneys

4th          RDAP Eligible, Then INCLUDE It. I didn’t, and I stayed a bit longer inside…

5th          Don’t try for a CARE LEVEL III or IV unless it is required because it houses both violent and non-violent offenders
Part II) So how do you take Ownership?
You, as the defendant has jobs. 

1st           You must collect All of your biographical background information.

Copies of all your medical and mental healthcare records and your physician’s contact information (name, Phone number, address, e-mail.)

Copies of all surgery reports, medication prescriptions, and medical devices. 

·        If you’ve had any hospitalizations, copies of those records.

·        If you’ve had any sort of laboratory blood test, copies of those, or X-rays, CT scans, MRI scans, PET scans, or ultrasounds, all of those will have reports associated with them. You need to get copies of everything. 

  • You should also get them on CDs. 

·        While you’re doing this, it’s been my impression that most people don’t have a copy of their medical records. Therefore, it would be simpler if you asked for two copies of everything from each provider of all these documents. 

Next, you will have to get copies of your birth certificate, driver’s license, Social Security card, and passport.

Also, the highest level of education that you’ve achieved, if you’ve been in the military, what’s the highest rank you had, and what type of discharge? Any certificates – include them.

 

Character reference letters. 

Those writing character reference letters (or references about your character) must include that they know you’re facing a criminal charge. 

  • They should reference good deeds that they have seen you do, tutoring, and volunteering. 
  • It also could be letters from former employers who say they know you are willing to rehire you. A VERY BIG DEAL

 2nd          Your Personal Narrative – takes work, and starts with writing your life story, the good, the bad, and the ugly. 

  • If it starts a book, great, it will be re-written, multiple times and distilled until it represents 

·        You- YOUR REMORSE TO THE VICTIMS – HOW YOU GOT TO THIS POINT = NOT TO BE REPEATED

 

3rd          Reentry Planning: Starts now, extending through the prison, RRC, and supervised release

When I was sentenced – I WAS UNPREPARED

This is why I was concerned during this conversation, and my recommendations were simple:

·        Meet with your doctor and let them review the BOP Formulary Drug List for a substitution

  • Get copies of all of his medical records, lab tests, surgery reports, physician contact information, and all of the X-Rays, CTs, MRIs, Ultrasounds, and any other scans both in a report form and on CDs
  • Put them in a big envelope, labeled legal mail for his surrender

·        Don’t forget about Your Personal Narrative and Allocution

 

This is why it’s important to participate in your defense – I sympathize with those who like me, are “The deer in Headlights.” But the “Symbolic Act” of participating in your defense, that “taking back Control” will begin to slowly build the Confidence back that made you the success that you are

REMEMBER – THIS IS TEMPORARY
Dr. Blatstein
240.888.7778

Take Ownership of Your Defense – What Happens When You Don’t

By inDr. M Blatstein's Blog

Take Ownership of Your Defense – What Happens When You Don’t

I wanted to do this podcast on a phone call that I had earlier this morning. Someone who has a disease and is on medication., and yet his attorney had not prepared all his medical records – or any of his medical records for his PSR and sentencing hearing.

Hello and welcome My name is Marc Blatstein – and I’m the Physician who found Physician Presentence Report Service (PPRS)

Speaking with him this morning, I was taken aback to learn that: he had already been sentenced. Here I was trying to ask questions and learn how it was he was sentenced with an incomplete pre-sentence report. – That didn’t make any sense.

But. If the information I learned was accurate, his presentence report was incomplete.

The person’s main concern was that his medication did not appear available on the BOP online Formulary. Initially, I must give credit to this gentleman and his wife (who is in school to be a nurse practitioner). They recognized that the medication was not on the formulary, which is not an easy thing to read.

As he was to surrender in the next 45-60 days, my recommendations were to meet with his treating physician to:

·        Get copies of “all” his records

·        Copies of his prescriptions

·        Review the BOP Formulary with his physician to see if there were any acceptable medications to substitute.

·        If Yes, he needs to get a copy of this new notification regarding a medication change, due to the BOP Formulary

  • Get a hard copy of the prescription and fill it.

·        If No, and this is a Continuity of Care and/or life-threatening issue, then appearing in court at the Sentencing Hearing is preferred as Judges would usually like to question the Specialist. The challenge – he has already been sentenced, so I suppose he will call me back…

While I hope this Case Is rare, it points out that every defendant, once you’re indicted, needs to take ownership of all aspects of their defense. 


Then Be honest with yourself (and your attorney) regarding all the facts of the case, then, start interviewing attorneys.

·        Ask for referrals to see speak to some happy clients, then.

·        Ask to read some of their sentencing memorandums, in cases like yours. 

·        The goal is to see if they’re the same or if each is individualized – In the same Criminal defense space.

·        If the attorney says this is private information, which is understandable.

·        You agree, and then request that they block out all personal information.

Then you just can’t assume that the attorney is going to do everything right – which is why I am doing this podcast.

  • This must be a partnership with your attorney.

 

So, what does that mean? This partnership extends into preparation for the Presentence Interview, which will impact your future.

The short version is that the probation officer’s responsibility is to Interview you., Investigate, and then draft the Presentence Report (PSR). 

  • They then provide that PSR to the judge, along with their recommendations for your sentence and placement.

 

Part I) How do you take Ownership?
First. Your attorney 

Reaches out to learn who your probation officer is, and then contact them.

Assume that the probation officer has Googled you &/or spoken to the prosecutor. Because if they have, then they may already have a bias Against you,

Why, because the Justice Department has already released all the information about you that makes you look horrible.

1st           So this first step, your attorney reaching out to the PO Sets the Tone 

  • For Your Defense, it allows them to hear from
  • you first before they’ve been 
  • tainted by others’ perceptions of who you are. 

This allows them to make their case regarding their defense strategy, on the record – to the PO. This is followed by a very organized, detailed letter that details this strategy.

They will also Ask the probation officer:

  • what documents they will need at the time of the interview.
  • What date is best for them to do the pre-sentence interview?
  • And what is their final dictation Deadline date to have their official pre-sentence report due to their supervisor?

2nd          Review with your legal team that all the information you have collected, to ensure all your background information is available and accurate

3rd         The PO has scored your Public Safety Factors (PSF), Management Variables, Criminal History Score, Offense Level (current charges), and FSA Programs,

  • Be prepared, so should you and your attorneys

4th          RDAP Eligible, Then INCLUDE It.

5th          Don’t try for a CARE LEVEL III or IV unless it is required because it houses both violent and non-violent offenders

Part II) How do you take Ownership?
You, as the defendant has jobs.

1st           You must collect All of your biographical background information.

Copies of all your medical and mental healthcare records and your physician’s contact information (name, Phone number, address, e-mail.)

Copies of all surgery reports, medication prescriptions, and medical devices.

·        If you’ve had any hospitalizations, copies of those records.

·        If you’ve had any sort of laboratory blood test, copies of those, or X-rays, CT scans, MRI scans, PET scans, or ultrasounds, all of those will have reports associated with them. You need to get copies of everything. 

  • You should also get them on CDs.

·        While you’re doing this, it’s been my impression that most people don’t have a copy of their medical records. Therefore, it would be simpler if you asked for two copies of everything from each provider of all these documents.

 

Next, you will have to get copies of your birth certificate, driver’s license, Social Security card, and passport.

Also, the highest level of education that you’ve achieved, if you’ve been in the military, what’s the highest rank you had, and what type of discharge? Any certificates – include them.

 

Character reference letters. 

Those writing character reference letters (or references about your character) must include that they know you’re facing a criminal charge.

  • They should reference good deeds that they have seen you do, tutoring, and volunteering.
  • It also could be letters from former employers who say they know you are willing to rehire you. A VERY BIG DEAL

2nd          Your Personal Narrative – takes work, and starts with writing your life story, the good, the bad, and the ugly.

  • If it starts a book, great, it will be re-written, multiple times and distilled until it represents

·        You- YOUR REMORSE TO THE VICTIMS – HOW YOU GOT TO THIS POINT = NOT TO BE REPEATED

 

3rd          Reentry Planning: Starts now, extending through the prison, RRC, and supervised release

When I was sentenced – I WAS UNPREPARED

This is why I was concerned during this conversation, and my recommendations were simple:

·        Meet with your doctor and let them review the BOP Formulary Drug List for a substitution

  • Get copies of all of his medical records, lab tests, surgery reports, physician contact information, and all of the X-Rays, CTs, MRIs, Ultrasounds, and any other scans both in a report form and on CDs
  • Put them in a big envelope, labeled legal mail for his surrender

·        Don’t forget about Your Personal Narrative and Allocution

 

This is why it’s important to participate in your defense – I sympathize with those who like me, were “The deer in Headlights”

  • But the “Symbolic Act” of participating in your defense, that
  • “taking back Control” will begin to slowly build the Confidence back that made you the success that you are

REMEMBER – THIS IS TEMPORARY
Dr. Blatstein
240.888.7778

COMMENTS

MORE THAN WHISPERS – You’re Target #1, The FBI’s Coming

By inDr. M Blatstein's Blog Tag , , , , , ,

You’re Target #1, The FBI’s Coming

It’s MORE THAN WHISPERS 

You’re Going to  Prison, – There is no way to Dress this up – BUT

If the Rumors and whispers that the FBI is poking around are true…

I’d take that seriously

HELLO AND WELCOME, MY NAME IS MARC BLATSTEIN AND I AM THE PHYSICIAN WHO FOUNDED THE PHYSICIAN PRESENTENCE REPORT SERVICE

AFTER 30+ years IN PRACTICE

MY MORNING WAS interrupted by the feds at 6 am knock at my front door, and a 2nd at 8 am at my medical practice – interrupting my patients and staff, all for a problem that I created.

As I was Guilty, – I Plead to a Felony and was convicted of a federal White-Collar crime, and was sentenced to time in the BOP as a Justice-Impacted Person.

After my release, and several years of hard work, my license was fully restored in 2010.

Around that time;

·        I chose to use my skills in medicine

·        with my understanding of the BOP

·        to assist those of you,

·        who like me,

·        find themselves facing our Criminal Justice System.

 

While I found myself totally UNPREPARED

I Made It My Mission

TO PROVIDE YOU WITH THE RESOURCES

That You Will Need

SO, YOU’LL BE PREPARED- BECAUSE

 

IN PRISON – AS IN LIFE

PREPARATION = SURVIVAL

WHILE YOUR STAY IN PRISON WILL BE TEMPORARY (and a bit UNSETTLING)

 

The Goal Is To Be Productive

FOLLOW YOUR REENTRY PLAN

and

Get Home As Soon As Possible

So let’s get to it!

 

If you’re hearing FBI whispers,

•        Start interviewing attorneys, ask questions, get references,

•        Sentencing Memorandum, ask to read samples written for previous clients, are they boilerplate?

•        Then, be honest with your attorney, and yourself – no surprises.

 

PSI Preparation is crucial – You Are your best and only Advocate

Ask yourself: 

•        Do you have confidence in your defense?

•        Do you need additional team partners who are specialized in,

  • Sentencing Mitigation, Allocution, Personal Narrative, and Reentry Release Planning Advocacy

•        All Before Your Presentence Interview

 

If Not, there are No Redo’s ⇒ this is Your Future ⇒ Speak up now

 

PREPARATION and SELF-ADVOCACY are your CORE VALUES

 

PREPARATION:

•        Attorney Interview, Working together – must be a Joint Defense

  • Decision #1: Trial or Plea

•        PRACTICE: Your Allocution (& Memorandum), for the Sentencing Hearing

  • Your Personal Narrative could take a month+ to write
  • The Memorandum is given by your Attorney

•        Your Presentence Interview (PSI)

  • Know Your Narrative → weave it into your conversation with your PO, for placement into your Presentence Report (PSR), which is now complete.

 

SELF-ADVOCACY:

•        Relies on the skills that made you successful, some being “Self-Motivated”

•        At your Attorneys request, your Personal Narrative was included in Your PSR

•        Reentry Planning

•        Sentence Mitigation Strategies are employed Before Sentencing, and During Incarceration

YOUR PREPARATION

Working Together With Your Attorney At Every Stage

 

1st) Be honest with your attorney, about everything –

•        Plea or Trial – Nobody wants surprises

 

2nd) Your PSI, needs to include everything about you.

•        In addition to all your Biographical Background information

•        Medical, Character References, Education, Legal, Etc.

•        Your attorney has connected with your PO before your Interview to;

  • get a “pulse” on how much they know, to
  • present their case/defense strategy
  • and learn the date the PO must have their final PSR completed

•        RDAP (if applicable), Include it now

•        If is not there, and you need it later to reduce your time, that may be a big lift.

•        Compassionate Release (medical issues, transplant, medications (physician testimony)

•        FSA Programs, your attorney will be able to review or know your PSF, and if any of the applicable programs apply;

•        Autism, Borderline Personality Disorder, Anger Management, etc.

•        Your Personal Narrative needs to be finished before your interview so;

•        That you know it, cold, and discuss it in 1st person with your P.O.

•        It should be able to be, copy-pasted, directly into the P.O., PSR

•        This Is  Your Story: In Written and/or Video Format3rd) Time must be allowed for the development of your Personal Narrative, with assistance

 

4th) The PSR is Now Complete and should Include all the Above, including your Personal Narrative – which Judges want to see.

 

5th) Time is spent practicing for your sentencing hearing with your attorney regarding,

1.     If the Judge is aggregable, due to your allocution, and departs below the guidelines

2.     If RDAP is applicable now  is when your attorney can ask for it to be put into the order, and if the judge agrees, then

3.     Politely, also request for 1 specific BOP prison, based on that RDAP program – using this as an example (camp eligible < 10 years), to also be put into the order.

  • Further, should the BOP not be able to do so,
    1. The BOP could notify the court in writing
    2. Why they couldn’t make this placement?

SELF-ADVOCACY

Allocution – Your Personal Narrative

Listen To What Federal Judges Have To Say

THE FEDERAL LAWYER • September/October 2019, VIEWS FROM THE BENCH, Own the Mistake and Demonstrate Sincere Remorse

Judge Richard G. Kopf of the District of Nebraska,

Judge Jon D. Levy of the District of Maine in Portland,

Judge Patti Sarris of the District of Massachusetts

Judge Cynthia A. Bashant;

Judge Morrison C. England Jr;…one of the biggest mistakes defense lawyers can make is not having their client answer the question…

Judge Lawrence C. O’Neill,

Judge James K. Bredar—says he comes out on the bench with a sentence already in mind. “Allocution, however, changes this when I see the defendant has insight into the harm he has done.”

 

NACDL, The Champion • March 2011, Heartstrings or Heartburn:  A Federal Judge’s Musings On Defendants’ Right and Rite of Allocution,

Judge Mark Bennett; A Good Allocution Can Be Beneficial

 

What Federal Judges Want To Hear:

We’re interested in a defendant who has the capability of introspection and who has come to grips with the impact of his offense on others…

 

“No punishment will be enough. If I could go back and change everything, I would.”

 

I am persuaded that the defendant is sincere and demonstrates insight into the crime.

   

Allocution is very important, “I like to have a conversation with the defendant,”…

  

I want him to apologize to the victim and his or her family, particularly if they are in the courtroom.

   

“Allocution, however, changes this when I see the defendant has insight into the harm he has done,” when I see the defendant has insight into the harm he has done”

   

“I am looking for remorse and insight as to why he did what he did and what he is doing to make sure that it doesn’t happen again.

  

“It’s very important that lawyers prepare a client for allocution, even if they have gone to trial, and do the job that they are retained to do.”

 

Start paying restitution, even $25/mo, and don’t show up at court in a $900/ month luxury car.

Consultations are on me.

Thank you! Marc
240.888.7778
Physician Presentence Report Service

No matter where you are in The Process, there are things we can do

* No Physician,  Attorney, or Consultant can promise any outcomes.

You’re the FBI Target

By inDr. M Blatstein's Blog Tag , , , , , , ,

You’re the FBI Target

5 Areas You Must Advocate For Yourself

 

PREPARATION = SURVIVAL

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | There Are Still Things We Can Do

For a No Obligation Free Consult, Call: 240.888.7778 or by email. I answer and personally return all of his calls.

1st, Start interviewing Attorneys

  • Ask for References
    • I am sure you have several “happy” clients willing to speak with you. Don’t be shy; before I had a hip replacement, I, too, interviewed many orthopedic surgeons asking similar questions.
  • Ask to see “several Sentencing Memorandums,”
    • If they ask Why, or that is Confidential, politely respond by agreeing, but PDF Adobe documents can be redacted, ‘blacking out’ all personal identification.
    • Here, we want to see if they take the time to write each separately, or are they Boilerplate?

 

2nd, You and your attorney,

  • YOU HAVE TO BE HONEST WITH THEM ABOUT EVERYTHING (again, here, too, I was not; Another Lesson Learned)
  • NEXT: as the DOJ has a 98% conviction rate, do you want to go to Trial or Plea?

 

3rd, If you win at Trial: CONGRATS!!

 

4th. If you lose at Trial or Plea, at best, you now only have 90 days to prepare for your Presentence Interview

YOU

  • Collecting copies of your medical records – Everything
  • Hospital, laboratory, radiology, physician, surgical, prescription, and medical devices

Other: copies

  • You get the picture: educational, military, character, community service, work references, original birth certificates, social security cards, licenses, etc.

 

Your Attorney: Preparing their strategy for The Presentence Interview, then

ASAP, they will contact The Probation Officer to learn when their Final Dictation Date Is for Your PRESENTENCE REPORT

  • Why: because they want to get a feel for what the Officer knows while getting their “message on the record, “… AKA Bonding
  • To Set Up YOUR INTERVIEW

BE PREPARED because the P.O. will write your PRESENTENCE REPORT based on your INTERVIEW.

  • YOU NEED TO KNOW – YOUR NARRATIVE COLD

 

Your PRESENTENCE REPORT IMPACTS

  1. Release Date
  2. Security Level Requirements
  3. Medical and Mental Healthcare Needs
  4. Psychology Programs – Limited Availability
  5. FSA Programming, and Criminogenic Needs, Risk Assessment ⇒ ETC towards early release

 

5th. YOUR PERSONAL NARRATIVE

MEANWHILE, for the last 3 months, you have been writing and rewriting your story – YOUR PERSONAL NARRATIVE that challenges the DOJ Narrative of you – Your INDICTMENT.

Well written, this is your chance to speak directly to the Judge – and where he gets to know who you are, humanizing yourself to the court. Judges understand that crimes do not happen in a vacuum and want to know why you committed your crime.  You now have the opportunity to accept responsibility and have remorse for the pain you have inflicted on your victims.

Done right, it could lower your sentence, but no guarantees –

 

Still not convinced – Listen to what these five Judges Say:

A Federal Judge’s Musings on Defendants’ Right and Rite of Allocution,

NACDL, The Champion, March 2011

Judge Mark Bennett, My basic principles of allocution include:

(1) be sincere.

(2) discuss what “taking full responsibility” means;

(3) acknowledge that there are victims (e.g., even when the PSR indicates “no identifiable victim,” as it does in most drug cases);

(4) an understanding of how the crime affected the victims;

(5) express genuine remorse;

(6) a plan to use prison or probation time in a productive manner;

(7) a discussion of why the defendant wants to change his or her criminal behavior; and, perhaps most importantly,

  • a true desire to learn a specific trade and a request to go to a specific Bureau of Prisons institution that offers that trade can sometimes be beneficial.

(8) information that helps humanize the defendant and the defendant’s role in the crime.

 

THE FEDERAL LAWYER • September/October 2019

VIEWS FROM THE BENCH, Own the Mistake – Demonstrate Sincere Remorse

Judge Richard G. Kopf of the District of Nebraska,

One of the best allocutions I have ever heard was:

“Judge, I want to atone for what I did to the victims and my family. I deserve some prison time. I hurt the victims, I hurt my family, and I’ve hurt myself. When I get out, I am ready to take the following steps.”

 

Judge Jon D. Levy of the District of Maine in Portland, “Allocution matters,”

“I will never hold poor communication skills against a defendant. What’s important is whether I am persuaded that the defendant is sincere and demonstrates insight about the crime…”

 

Judge Cynthia A. Bashant of the Southern District of California

“I want him to apologize to the victim and his or her family, particularly if they are in the courtroom. Just like a parent with a child who has done wrong, I am looking for ‘insight’ from the defendant,”

 

Judge Marcia S. Krieger of the District of Colorado in Denver has “seen allocutions where a defendant has shown that he is sincere and thoughtful about what he is saying.”

It is very important for the lawyer to prepare his client for allocution if allocution is to be made.

It is essential for Judge Krieger that a defendant “publicly admit his shame,” which shows her that he has internalized his crime.

If You Suspect You’re The Target of a Federal Investigation | Before The Presentence Interview (PSI) | After The PSI – But Before The Sentencing Hearing | After Sentencing or You’re Already Incarcerated | There Are Still Things We Can Do

For a No Obligation Free Consult Call: 240.888.7778 or by email. I answer and personally return all of my calls.

Probation Officers | Federal | The PSR

By inDr. M Blatstein's Blog Tag , , , , , , , , , , , , , , , , , , , , , , ,

Probation Officers Representing The Court:

They Conduct The Presentence Interview,

This is critical – as from it they prepare

Your Presentence Report (PSR),

Which acts as your “referral” to

The Federal Bureau of Prisons for everything

><

For a No Obligation Free Consult Call Dr.Blatstein at: 240.888.7778, or through email at: info@PPRSUS.com. Dr. Blatstein answers and personally returns all of his calls.

Probation receives and evaluates pre-sentence investigation requests.

Their Process:

  • 1st they interview you, and then
    • Identify and pursue leads to obtain evidence.
    • Gather and document evidence by interviewing involved parties, obtaining statements, reviewing and analyzing records and files, etc.
    • Gather criminal history, police reports, victim impact statements, criminal complaints, and information and review them prior to the interview with the offender.
    • Conduct offender criminal history checks, warrant inquiries, and driver’s license abstract checks.
    • Compile and maintain history and case records.
    • Inform offenders of their rights, responsibilities, and purposes of the pre-sentence investigation process.
    • Interview offenders are required by the courts to have a pre-sentence investigation completed.
    • Utilize PSI interview guide and the Criminogenic Domains of Criminal History, Education/Employment, Financial, Family/Marital, Accommodation, Leisure/Recreation, Companions, Alcohol/Drug, Emotional/Personal, and Attitude/Orientation.
    • Complete various extensive assessment tools to gauge offender risk and needs.
    • Collect PSI fees.
    • Coordinate investigations with other law enforcement agencies, regulatory agencies, and other relevant entities.
    • Confirm information gathered during the interview.
    • Communicate with the appropriate Department of Corrections and Rehabilitation staff, other state agencies, related organizations, other entities, volunteers, and the public to provide information, referral services, technical advice, and consultation regarding PSI.
    • Communicate with Courts, attorneys, law enforcement, and other agencies involved in a court-ordered pre-sentence investigation.
    • Document interview and investigation.
  • Identify and Inform crime victims of their rights.
    • Assist the victim advocates in coordinating victim requests for offender information; victim issues such as recovery from injury, financial losses, or victim mediation; preparation of victim impact statements and reports; communicate offender progress and victim assistance to various local, state, and federal officials, and to treatment staff.

Prepare The Presentence Report and

Recommend administrative, legal, and/or sentencing action.

  • Present evidence to prosecutors, legal staff, or courts.
  • Prepare and present testimony as required for legal proceedings or administrative hearings.
  • Report offender compliance with the presentence investigation to courts.
  • Summarize information gathered during the investigation and interview into the pre-sentence format.

Make sentencing recommendations

  • based on sentencing guidelines and a thorough analysis of:
  • Ensure the report is distributed according to Applicable Code standards.
  • Monitor programs for compliance with state and federal laws compliance.
  • Gather, compile, and maintain statistics for required and requested reports.
  • Investigate and confirm the information on offender release plans or interstate compact investigations.
  • Maintain working knowledge of the Department of Correction and Rehabilitation (DOCR) programs and community-based programs that are available for offenders.

Note: The duties of probation officers listed above are not intended to be all-inclusive.